103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4217

 

Introduced 11/7/2023, by Rep. Joe C. Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 66/40

    Amends the Firearm Owners Identification Card Act. Deletes provisions requiring an applicant or holder of a Firearm Owner's Identification Card to be a resident of the State of Illinois. Provides that a person who is not a resident of the State may apply for a Firearm Owner's Identification Card if the applicant complies with the provisions of the Act. Amends the Firearm Concealed Carry Act. Provides that the Illinois State Police shall, by rule, allow for non-resident license applications from any state or territory of the United States if the applicant complies with the provisions of the Act (rather than from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under the Act).


LRB103 34939 RLC 64822 b

 

 

A BILL FOR

 

HB4217LRB103 34939 RLC 64822 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. Application for Firearm Owner's Identification
8Cards.
9    (a) Each applicant for a Firearm Owner's Identification
10Card must:
11        (1) Submit an application as made available by the
12    Illinois State Police; and
13        (2) Submit evidence to the Illinois State Police that:
14            (i) This subparagraph (i) applies through the
15        180th day following July 12, 2019 (the effective date
16        of Public Act 101-80). He or she is 21 years of age or
17        over, or if he or she is under 21 years of age that he
18        or she has the written consent of his or her parent or
19        legal guardian to possess and acquire firearms and
20        firearm ammunition and that he or she has never been
21        convicted of a misdemeanor other than a traffic
22        offense or adjudged delinquent, provided, however,
23        that such parent or legal guardian is not an

 

 

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1        individual prohibited from having a Firearm Owner's
2        Identification Card and files an affidavit with the
3        Department as prescribed by the Department stating
4        that he or she is not an individual prohibited from
5        having a Card;
6            (i-5) This subparagraph (i-5) applies on and after
7        the 181st day following July 12, 2019 (the effective
8        date of Public Act 101-80). He or she is 21 years of
9        age or over, or if he or she is under 21 years of age
10        that he or she has never been convicted of a
11        misdemeanor other than a traffic offense or adjudged
12        delinquent and is an active duty member of the United
13        States Armed Forces or the Illinois National Guard or
14        has the written consent of his or her parent or legal
15        guardian to possess and acquire firearms and firearm
16        ammunition, provided, however, that such parent or
17        legal guardian is not an individual prohibited from
18        having a Firearm Owner's Identification Card and files
19        an affidavit with the Illinois State Police as
20        prescribed by the Illinois State Police stating that
21        he or she is not an individual prohibited from having a
22        Card or the active duty member of the United States
23        Armed Forces or the Illinois National Guard under 21
24        years of age annually submits proof to the Illinois
25        State Police, in a manner prescribed by the Illinois
26        State Police;

 

 

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1            (ii) He or she has not been convicted of a felony
2        under the laws of this or any other jurisdiction;
3            (iii) He or she is not addicted to narcotics;
4            (iv) He or she has not been a patient in a mental
5        health facility within the past 5 years or, if he or
6        she has been a patient in a mental health facility more
7        than 5 years ago submit the certification required
8        under subsection (u) of Section 8 of this Act;
9            (v) He or she is not a person with an intellectual
10        disability;
11            (vi) He or she is not a noncitizen who is
12        unlawfully present in the United States under the laws
13        of the United States;
14            (vii) He or she is not subject to an existing order
15        of protection prohibiting him or her from possessing a
16        firearm;
17            (viii) He or she has not been convicted within the
18        past 5 years of battery, assault, aggravated assault,
19        violation of an order of protection, or a
20        substantially similar offense in another jurisdiction,
21        in which a firearm was used or possessed;
22            (ix) He or she has not been convicted of domestic
23        battery, aggravated domestic battery, or a
24        substantially similar offense in another jurisdiction
25        committed before, on or after January 1, 2012 (the
26        effective date of Public Act 97-158). If the applicant

 

 

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1        knowingly and intelligently waives the right to have
2        an offense described in this clause (ix) tried by a
3        jury, and by guilty plea or otherwise, results in a
4        conviction for an offense in which a domestic
5        relationship is not a required element of the offense
6        but in which a determination of the applicability of
7        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
8        the Code of Criminal Procedure of 1963, an entry by the
9        court of a judgment of conviction for that offense
10        shall be grounds for denying the issuance of a Firearm
11        Owner's Identification Card under this Section;
12            (x) (Blank);
13            (xi) He or she is not a noncitizen who has been
14        admitted to the United States under a non-immigrant
15        visa (as that term is defined in Section 101(a)(26) of
16        the Immigration and Nationality Act (8 U.S.C.
17        1101(a)(26))), or that he or she is a noncitizen who
18        has been lawfully admitted to the United States under
19        a non-immigrant visa if that noncitizen is:
20                (1) admitted to the United States for lawful
21            hunting or sporting purposes;
22                (2) an official representative of a foreign
23            government who is:
24                    (A) accredited to the United States
25                Government or the Government's mission to an
26                international organization having its

 

 

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1                headquarters in the United States; or
2                    (B) en route to or from another country to
3                which that noncitizen is accredited;
4                (3) an official of a foreign government or
5            distinguished foreign visitor who has been so
6            designated by the Department of State;
7                (4) a foreign law enforcement officer of a
8            friendly foreign government entering the United
9            States on official business; or
10                (5) one who has received a waiver from the
11            Attorney General of the United States pursuant to
12            18 U.S.C. 922(y)(3);
13            (xii) He or she is not a minor subject to a
14        petition filed under Section 5-520 of the Juvenile
15        Court Act of 1987 alleging that the minor is a
16        delinquent minor for the commission of an offense that
17        if committed by an adult would be a felony;
18            (xiii) He or she is not an adult who had been
19        adjudicated a delinquent minor under the Juvenile
20        Court Act of 1987 for the commission of an offense that
21        if committed by an adult would be a felony;
22            (xiv) (Blank); He or she is a resident of the State
23        of Illinois;
24            (xv) He or she has not been adjudicated as a person
25        with a mental disability;
26            (xvi) He or she has not been involuntarily

 

 

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1        admitted into a mental health facility; and
2            (xvii) He or she is not a person with a
3        developmental disability; and
4        (3) Upon request by the Illinois State Police, sign a
5    release on a form prescribed by the Illinois State Police
6    waiving any right to confidentiality and requesting the
7    disclosure to the Illinois State Police of limited mental
8    health institution admission information from another
9    state, the District of Columbia, any other territory of
10    the United States, or a foreign nation concerning the
11    applicant for the sole purpose of determining whether the
12    applicant is or was a patient in a mental health
13    institution and disqualified because of that status from
14    receiving a Firearm Owner's Identification Card. No mental
15    health care or treatment records may be requested. The
16    information received shall be destroyed within one year of
17    receipt.
18    (a-5) Each applicant for a Firearm Owner's Identification
19Card who is over the age of 18 shall furnish to the Illinois
20State Police either his or her Illinois driver's license
21number or Illinois Identification Card number, except as
22provided in subsection (a-10).
23    (a-10) Each applicant for a Firearm Owner's Identification
24Card, who is employed as a law enforcement officer, an armed
25security officer in Illinois, or by the United States Military
26permanently assigned in Illinois and who is not an Illinois

 

 

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1resident, shall furnish to the Illinois State Police his or
2her driver's license number or state identification card
3number from his or her state of residence. The Illinois State
4Police may adopt rules to enforce the provisions of this
5subsection (a-10).
6    (a-15) If an applicant applying for a Firearm Owner's
7Identification Card moves from the residence address named in
8the application, he or she shall immediately notify in a form
9and manner prescribed by the Illinois State Police of that
10change of address.
11    (a-20) Each applicant for a Firearm Owner's Identification
12Card shall furnish to the Illinois State Police his or her
13photograph. An applicant who is 21 years of age or older
14seeking a religious exemption to the photograph requirement
15must furnish with the application an approved copy of United
16States Department of the Treasury Internal Revenue Service
17Form 4029. In lieu of a photograph, an applicant regardless of
18age seeking a religious exemption to the photograph
19requirement shall submit fingerprints on a form and manner
20prescribed by the Illinois State Police with his or her
21application.
22    (a-25) Beginning January 1, 2023, each applicant for the
23issuance of a Firearm Owner's Identification Card may include
24a full set of his or her fingerprints in electronic format to
25the Illinois State Police, unless the applicant has previously
26provided a full set of his or her fingerprints to the Illinois

 

 

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1State Police under this Act or the Firearm Concealed Carry
2Act.
3    The fingerprints must be transmitted through a live scan
4fingerprint vendor licensed by the Department of Financial and
5Professional Regulation. The fingerprints shall be checked
6against the fingerprint records now and hereafter filed in the
7Illinois State Police and Federal Bureau of Investigation
8criminal history records databases, including all available
9State and local criminal history record information files.
10    The Illinois State Police shall charge applicants a
11one-time fee for conducting the criminal history record check,
12which shall be deposited into the State Police Services Fund
13and shall not exceed the actual cost of the State and national
14criminal history record check.
15    (a-26) The Illinois State Police shall research, explore,
16and report to the General Assembly by January 1, 2022 on the
17feasibility of permitting voluntarily submitted fingerprints
18obtained for purposes other than Firearm Owner's
19Identification Card enforcement that are contained in the
20Illinois State Police database for purposes of this Act.
21    (b) Each application form shall include the following
22statement printed in bold type: "Warning: Entering false
23information on an application for a Firearm Owner's
24Identification Card is punishable as a Class 2 felony in
25accordance with subsection (d-5) of Section 14 of the Firearm
26Owners Identification Card Act.".

 

 

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1    (c) Upon such written consent, pursuant to Section 4,
2paragraph (a)(2)(i), the parent or legal guardian giving the
3consent shall be liable for any damages resulting from the
4applicant's use of firearms or firearm ammunition.
5    (d) A person who is not a resident of this State may apply
6for a Firearm Owner's Identification Card if the applicant
7complies with the provisions of this Act.
8(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22; 102-1116, eff. 1-10-23.)
 
11    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
12    Sec. 8. Grounds for denial and revocation. The Illinois
13State Police has authority to deny an application for or to
14revoke and seize a Firearm Owner's Identification Card
15previously issued under this Act only if the Illinois State
16Police finds that the applicant or the person to whom such card
17was issued is or was at the time of issuance:
18        (a) A person under 21 years of age who has been
19    convicted of a misdemeanor other than a traffic offense or
20    adjudged delinquent;
21        (b) This subsection (b) applies through the 180th day
22    following July 12, 2019 (the effective date of Public Act
23    101-80). A person under 21 years of age who does not have
24    the written consent of his parent or guardian to acquire
25    and possess firearms and firearm ammunition, or whose

 

 

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1    parent or guardian has revoked such written consent, or
2    where such parent or guardian does not qualify to have a
3    Firearm Owner's Identification Card;
4        (b-5) This subsection (b-5) applies on and after the
5    181st day following July 12, 2019 (the effective date of
6    Public Act 101-80). A person under 21 years of age who is
7    not an active duty member of the United States Armed
8    Forces or the Illinois National Guard and does not have
9    the written consent of his or her parent or guardian to
10    acquire and possess firearms and firearm ammunition, or
11    whose parent or guardian has revoked such written consent,
12    or where such parent or guardian does not qualify to have a
13    Firearm Owner's Identification Card;
14        (c) A person convicted of a felony under the laws of
15    this or any other jurisdiction;
16        (d) A person addicted to narcotics;
17        (e) A person who has been a patient of a mental health
18    facility within the past 5 years or a person who has been a
19    patient in a mental health facility more than 5 years ago
20    who has not received the certification required under
21    subsection (u) of this Section. An active law enforcement
22    officer employed by a unit of government or a Department
23    of Corrections employee authorized to possess firearms who
24    is denied, revoked, or has his or her Firearm Owner's
25    Identification Card seized under this subsection (e) may
26    obtain relief as described in subsection (c-5) of Section

 

 

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1    10 of this Act if the officer or employee did not act in a
2    manner threatening to the officer or employee, another
3    person, or the public as determined by the treating
4    clinical psychologist or physician, and the officer or
5    employee seeks mental health treatment;
6        (f) A person whose mental condition is of such a
7    nature that it poses a clear and present danger to the
8    applicant, any other person or persons, or the community;
9        (g) A person who has an intellectual disability;
10        (h) A person who intentionally makes a false statement
11    in the Firearm Owner's Identification Card application or
12    endorsement affidavit;
13        (i) A noncitizen who is unlawfully present in the
14    United States under the laws of the United States;
15        (i-5) A noncitizen who has been admitted to the United
16    States under a non-immigrant visa (as that term is defined
17    in Section 101(a)(26) of the Immigration and Nationality
18    Act (8 U.S.C. 1101(a)(26))), except that this subsection
19    (i-5) does not apply to any noncitizen who has been
20    lawfully admitted to the United States under a
21    non-immigrant visa if that noncitizen is:
22            (1) admitted to the United States for lawful
23        hunting or sporting purposes;
24            (2) an official representative of a foreign
25        government who is:
26                (A) accredited to the United States Government

 

 

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1            or the Government's mission to an international
2            organization having its headquarters in the United
3            States; or
4                (B) en route to or from another country to
5            which that noncitizen is accredited;
6            (3) an official of a foreign government or
7        distinguished foreign visitor who has been so
8        designated by the Department of State;
9            (4) a foreign law enforcement officer of a
10        friendly foreign government entering the United States
11        on official business; or
12            (5) one who has received a waiver from the
13        Attorney General of the United States pursuant to 18
14        U.S.C. 922(y)(3);
15        (j) (Blank);
16        (k) A person who has been convicted within the past 5
17    years of battery, assault, aggravated assault, violation
18    of an order of protection, or a substantially similar
19    offense in another jurisdiction, in which a firearm was
20    used or possessed;
21        (l) A person who has been convicted of domestic
22    battery, aggravated domestic battery, or a substantially
23    similar offense in another jurisdiction committed before,
24    on or after January 1, 2012 (the effective date of Public
25    Act 97-158). If the applicant or person who has been
26    previously issued a Firearm Owner's Identification Card

 

 

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1    under this Act knowingly and intelligently waives the
2    right to have an offense described in this paragraph (l)
3    tried by a jury, and by guilty plea or otherwise, results
4    in a conviction for an offense in which a domestic
5    relationship is not a required element of the offense but
6    in which a determination of the applicability of 18 U.S.C.
7    922(g)(9) is made under Section 112A-11.1 of the Code of
8    Criminal Procedure of 1963, an entry by the court of a
9    judgment of conviction for that offense shall be grounds
10    for denying an application for and for revoking and
11    seizing a Firearm Owner's Identification Card previously
12    issued to the person under this Act;
13        (m) (Blank);
14        (n) A person who is prohibited from acquiring or
15    possessing firearms or firearm ammunition by any Illinois
16    State statute or by federal law;
17        (o) A minor subject to a petition filed under Section
18    5-520 of the Juvenile Court Act of 1987 alleging that the
19    minor is a delinquent minor for the commission of an
20    offense that if committed by an adult would be a felony;
21        (p) An adult who had been adjudicated a delinquent
22    minor under the Juvenile Court Act of 1987 for the
23    commission of an offense that if committed by an adult
24    would be a felony;
25        (q) (Blank); A person who is not a resident of the
26    State of Illinois, except as provided in subsection (a-10)

 

 

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1    of Section 4;
2        (r) A person who has been adjudicated as a person with
3    a mental disability;
4        (s) A person who has been found to have a
5    developmental disability;
6        (t) A person involuntarily admitted into a mental
7    health facility; or
8        (u) A person who has had his or her Firearm Owner's
9    Identification Card revoked or denied under subsection (e)
10    of this Section or item (iv) of paragraph (2) of
11    subsection (a) of Section 4 of this Act because he or she
12    was a patient in a mental health facility as provided in
13    subsection (e) of this Section, shall not be permitted to
14    obtain a Firearm Owner's Identification Card, after the
15    5-year period has lapsed, unless he or she has received a
16    mental health evaluation by a physician, clinical
17    psychologist, or qualified examiner as those terms are
18    defined in the Mental Health and Developmental
19    Disabilities Code, and has received a certification that
20    he or she is not a clear and present danger to himself,
21    herself, or others. The physician, clinical psychologist,
22    or qualified examiner making the certification and his or
23    her employer shall not be held criminally, civilly, or
24    professionally liable for making or not making the
25    certification required under this subsection, except for
26    willful or wanton misconduct. This subsection does not

 

 

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1    apply to a person whose firearm possession rights have
2    been restored through administrative or judicial action
3    under Section 10 or 11 of this Act.
4    Upon revocation of a person's Firearm Owner's
5Identification Card, the Illinois State Police shall provide
6notice to the person and the person shall comply with Section
79.5 of this Act.
8(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
9102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22; 102-1116, eff. 1-10-23.)
 
11    Section 10. The Firearm Concealed Carry Act is amended by
12changing Section 40 as follows:
 
13    (430 ILCS 66/40)
14    Sec. 40. Non-resident license applications.
15    (a) For the purposes of this Section, "non-resident" means
16a person who has not resided within this State for more than 30
17days and resides in another state or territory.
18    (b) The Illinois State Police shall by rule allow for
19non-resident license applications from any state or territory
20of the United States if the applicant complies with the
21provisions of this Act with laws related to firearm ownership,
22possession, and carrying, that are substantially similar to
23the requirements to obtain a license under this Act.
24    (c) A resident of a state or territory approved by the

 

 

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1Illinois State Police under subsection (b) of this Section may
2apply for a non-resident license. The applicant shall apply to
3the Illinois State Police and must meet all of the
4qualifications established in Section 25 of this Act, except
5for the Illinois residency requirement in item (xiv) of
6paragraph (2) of subsection (a) of Section 4 of the Firearm
7Owners Identification Card Act. The applicant shall submit:
8        (1) the application and documentation required under
9    Section 30 of this Act and the applicable fee;
10        (2) a notarized document stating that the applicant:
11            (A) is eligible under federal law and the laws of
12        his or her state or territory of residence to own or
13        possess a firearm;
14            (B) if applicable, has a license or permit to
15        carry a firearm or concealed firearm issued by his or
16        her state or territory of residence and attach a copy
17        of the license or permit to the application;
18            (C) understands Illinois laws pertaining to the
19        possession and transport of firearms; and
20            (D) acknowledges that the applicant is subject to
21        the jurisdiction of the Illinois State Police and
22        Illinois courts for any violation of this Act;
23        (3) a photocopy of any certificates or other evidence
24    of compliance with the training requirements under Section
25    75 of this Act; and
26        (4) a head and shoulder color photograph in a size

 

 

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1    specified by the Illinois State Police taken within the 30
2    days preceding the date of the application.
3    (d) In lieu of an Illinois driver's license or Illinois
4identification card, a non-resident applicant shall provide
5similar documentation from his or her state or territory of
6residence. In lieu of a valid Firearm Owner's Identification
7Card, the applicant shall submit documentation and information
8required by the Illinois State Police to obtain a Firearm
9Owner's Identification Card, including an affidavit that the
10non-resident meets the mental health standards to obtain a
11firearm under Illinois law, and the Illinois State Police
12shall ensure that the applicant would meet the eligibility
13criteria to obtain a Firearm Owner's Identification card if he
14or she was a resident of this State.
15    (e) Nothing in this Act shall prohibit a non-resident from
16transporting a concealed firearm within his or her vehicle in
17Illinois, if the concealed firearm remains within his or her
18vehicle and the non-resident:
19        (1) is not prohibited from owning or possessing a
20    firearm under federal law;
21        (2) is eligible to carry a firearm in public under the
22    laws of his or her state or territory of residence, as
23    evidenced by the possession of a concealed carry license
24    or permit issued by his or her state of residence, if
25    applicable; and
26        (3) is not in possession of a license under this Act.

 

 

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1    If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5(Source: P.A. 102-538, eff. 8-20-21.)